This bill requires any organization providing arraignment screening services in criminal court to include an evaluation of the amount of bail a defendant has the capacity to post, including recommendations regarding for certain forms of bonds where appropriate.
- Filed (End of Session)
Int. No. 515
By Council Member Lancman
A Local Law to amend the administrative code of the city of New York, in relation to requiring certain types of bail recommendations
Be it enacted by the Council as follows:
Section 1. Title 9 of the administrative code of the city of New York is amended by adding a new section 9-306 to read as follows:
§ 9-306 Bail evaluations.
The office shall ensure that any arraignment screening organization evaluates the amount of bail or bond each defendant has the financial capacity to post, including but not limited to the amount such defendant has the capacity to post as part of a partially secured bond, as defined in section 520.10 of the criminal procedure law or any successor statute, where appropriate. Where such evaluation includes an amount such defendant has the capacity to post as part of an insurance company bond, such evaluation shall consider the minimum value of a bond that commercial bail bonds companies customarily accept. Such evaluation shall only be provided routinely to such defendant’s attorney prior to such defendant’s arraignment. Nothing in this statute shall be construed to effect the arraignment screening organization’s ability to recommend a defendants’ release on their own recognizance. For the purposes of this section, the term “arraignment screening organization.” means any organization that interviews defendants prior to being arraigned in criminal court and issues any report to a court regarding information procured in such interview.
§ 2. This local law takes effect 90 days after it becomes law.
LS # 8903/Int. 1373-2016